Santomieri v. Oliveri

¶1In an action to recover damages for injuries to person and property, the appeal is from an order which (1) granted a motion for summary judgment striking out the answer, and (2) directed an assessment of damages. Order reversed, with $10 costs and disbursements, and motion denied. The record presents triable issues of fact which should be resolved after trial. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.